Divorce is an emotionally taxing process that can take a serious toll on the mental well-being of both parties involved. It is essential that you know your rights and your options when seeking a divorce in New Jersey. In this article, we will examine the different types of divorces available in New Jersey, providing you with a comprehensive understanding of each type.
Uncontested Divorce
An uncontested divorce, the simplest type, is an agreement between both parties involved. This agreement includes various terms such as child custody, child support, spousal support, and property division. Due to the absence of litigation or a trial, uncontested divorces are both less time-consuming and less expensive than contested divorces. The simplicity and ease of this type of divorce make it an appealing option for many couples.
Contested Divorce
On the other hand, in a contested divorce, both parties fail to reach an agreement on one or more terms of their divorce. This type of divorce can be a long and arduous process, often leading to the involvement of attorneys for both parties. With negotiations, mediation, or even litigation being necessary in contested divorces, they tend to be more expensive and time-consuming. The complexity and potential for conflict make this type of divorce a more challenging and stressful option.
Fault Divorce
A fault divorce occurs when one party alleges that the other has committed actions leading to the dissolution of the marriage, such as adultery, mental cruelty, or desertion. By proving fault, the court may grant the affected party a greater share of marital assets, increased alimony, or a larger child support payment. In New Jersey, the grounds for a fault divorce are limited to adultery, extreme cruelty, desertion, addiction to drugs or alcohol, institutionalization for mental illness, imprisonment, deviant sexual conduct, and irreconcilable differences (in cases where the couple has been separated for at least 18 months). While fault divorces create the potential for contention and increased expenses, they provide an opportunity for the affected party to seek justice and receive a fair settlement.
No-Fault Divorce
A no-fault divorce, in contrast to a fault divorce, occurs when neither party alleges fault. In New Jersey, a no-fault divorce is granted based on "irreconcilable differences" if the couple has been separated for at least 18 months. No-fault divorces are generally less contentious and less expensive than fault divorces. In such cases, the parties mutually agree on the terms of the divorce, including child custody, support, and property division. The court reviews the agreement and, if it is deemed fair and reasonable, approves the divorce.
Mediated Divorce
In a mediated divorce, the parties involved work with a neutral third-party mediator to negotiate the terms of the divorce. This process is often less stressful, less expensive, and more amicable than a litigated divorce. While the mediator does not make decisions, they facilitate communication between the parties, helping them reach a mutually beneficial agreement. Mediation is an attractive option for couples looking to maintain a level of control and cooperation throughout the divorce process.
Collaborative Divorce
Collaborative divorce shares similarities with mediation, but each party is represented by a respective attorney. Through a collaborative divorce, the parties commit to working together, alongside their attorneys, to negotiate the terms of their divorce. This approach fosters a less adversarial atmosphere, making the process less stressful, less expensive, and more amicable than a traditional litigated divorce. Collaborative divorce allows both parties to actively participate in creating a settlement that meets their needs and addresses their individual concerns.
Conclusion
In conclusion, there are different types of divorces available in New Jersey, each with its own unique characteristics and advantages. If you are considering a divorce, it is crucial to carefully consider which type of divorce suits your situation best. Seeking the guidance of a divorce lawyer can provide invaluable assistance throughout the process, helping you understand your options and navigate the complexities of divorce. Remember, while divorce is undeniably challenging, with the right support and resources, you can minimize stress and successfully transition into the next chapter of your life.